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Tropicana Hotels Limited v. SBM Bank (Kenya) Limited (formerly known as Fidelity Commercial Bank Ltd

(2020) JELR 94005 (CA)

Court of Appeal  •  Civil Appeal (Application) 9 of 2019  •  23 Oct 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Jamila Mohammed, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

Before us is a Notice of Motion dated 15th March 2019, premised on Rules 42, 77, 83 and 84 of the Court of Appeal Rules 2010, seeking an order that the record of appeal dated 4th February 2019 be struck out. It is supported by the grounds included in the prayer for striking out and reiterated in the supporting affidavit together with annextures thereto. It has not been opposed by any replying affidavit from the respondents as all that we have on the record in the form of a replying affidavit is that sworn on 21st September 2020 by Gikandi Ngibuini, advocate for the applicant. Our appraisal of the contents of the said replying affidavit reveals that it was in response to the respondents’ application premised on Rule 5(2)(b) which is not the application now under consideration before us. Likewise, the further affidavit sworn by Kamal Bhatt on 2nd September 2020 in response to Mr. Gikandi’s replying affidavit has no bearing on the application under consideration. We th…

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